- (1.) QUESTIONS of fact and law involved in both the writ petitions are common in nature hence, these are being disposed of by this common judgment. However, Civil Misc. Writ Petition No. 36803 of 2007 is the leading case.
(2.) BY means of these writ petitions under article 226 of the Constitution of India, the petitioners have sought quashing of the recovery certificate/citations dated 27-7-2007 (Annexure 17 to the writ petition ).
(3.) IN short, the facts giving rise to both the writ petitions are that the first writ petitioner M/s. Mak Plastic (P) Ltd. , a private limited company duly incorporated under the Companies Act, 1956 (hereinafter referred to as 'the Company'), is the principal borrower and the second writ petitioner, krishna Kumar Maheshwari stood guarantor to the said loan being Director of the company at the relevant time, although subsequently he resigned from the directorship.;